[Code of Federal Regulations]

[Title 8, Volume 1]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 8CFR235.2]



[Page 414]

 

                     TITLE 8--ALIENS AND NATIONALITY

 

               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

 

PART 235_INSPECTION OF PERSONS APPLYING FOR ADMISSION--Table of Contents

 

Sec. 235.2  Parole for deferred inspection.



    (a) A district director may, in his or her discretion, defer the 

inspection of any vessel or aircraft, or of any alien, to another 

Service office or port-of-entry. Any alien coming to a United States 

port from a foreign port, from an outlying possession of the United 

States, from Guam, Puerto Rico, or the Virgin Islands of the United 

States, or from another port of the United States at which examination 

under this part was deferred, shall be regarded as an applicant for 

admission at that onward port.

    (b) An examining immigration officer may defer further examination 

and refer the alien's case to the district director having jurisdiction 

over the place where the alien is seeking admission, or over the place 

of the alien's residence or destination in the United States, if the 

examining immigration officer has reason to believe that the alien can 

overcome a finding of inadmissibility by:

    (1) Posting a bond under section 213 of the Act;

    (2) Seeking and obtaining a waiver under section 211 or 212(d)(3) or 

(4) of the Act; or

    (3) Presenting additional evidence of admissibility not available at 

the time and place of the initial examination.

    (c) Such deferral shall be accomplished pursuant to the provisions 

of section 212(d)(5) of the Act for the period of time necessary to 

complete the deferred inspection.

    (d) Refusal of a district director to authorize admission under 

section 213 of the Act, or to grant an application for the benefits of 

section 211 or section 212(d) (3) or (4) of the Act, shall be without 

prejudice to the renewal of such application or the authorizing of such 

admission by the immigration judge without additional fee.

    (e) Whenever an alien on arrival is found or believed to be 

suffering from a disability that renders it impractical to proceed with 

the examination under the Act, the examination of such alien, members of 

his or her family concerning whose admissibility it is necessary to have 

such alien testify, and any accompanying aliens whose protection or 

guardianship will be required should such alien be found inadmissible 

shall be deferred for such time and under such conditions as the 

district director in whose district the port is located imposes.



[62 FR 10355, Mar. 6, 1997]